Groundwater rights should stay with land ownership

Texans' access to abundant, affordable food depends on it.

Todd Staples/Special to the Express-News

Published 6:08 pm, Wednesday, December 29, 2010

The debate over groundwater continues to boil as state courts are being asked to determine who owns the water.

Whether you are a resident of San Antonio, San Angelo or San Augustine, water policy in Texas must be fair and provide for all needs. We must not continue fighting over the same piece of pie but work together to enjoy a bigger slice. Texans can do better.

A case pending before the Supreme Court of Texas, Edwards Aquifer Authority and the State of Texas vs. Burrell Day and Joel McDaniel, calls into question whether landowners have vested property rights in groundwater. This is cause for concern not only for landowners but for all Texans.

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If the EAA gets its way, years of law and precedent could be reversed as government could gain authority to reduce or limit a landowner's right to pump water without due process or compensation.

What would that mean to you? A lot.

Water is inherently linked to agriculture, which impacts every Texas consumer. If farmers or ranchers lose the right to access their water, your costs at the grocery store or costs to purchase clothes for your kids, grandkids and yourself could be impacted. The potential for a rise in the cost of basic necessities is alarming.

Right now, on average, Americans spend less than 10 percent of their disposable income on food. Compare that to folks in Mexico, who spend 22 percent, China, 28 percent, and Russia, 37 percent. We are blessed with bargains at the grocery store because of policies that ensure we have the safest, most reliable and most affordable food supply in the world. Those policies, however, are under attack.

Under current law, landowners own the water beneath their land. They know conservation districts play an important role in helping manage water to ensure it is available for future generations, but there is a big difference between managing how much water is pumped and denying farmers and ranchers the right to access their water.

Here's something else to consider: In the next 50 years, the population of Texas is expected to nearly double, from 24 million to 45 million people. More people mean more consumption and the potential for greater economic strength.

To keep dollars and jobs at home, we need an affordable food and water supply that sustains a growing population.

This overreach is another threat to the rights of Texas property owners. Over the past decade, people have moved to Texas in droves, with statistics showing nearly 1,400 new arrivals each day. They are coming, in part, because they know Texans stand up for individual rights and against oppressive government. We must defend this heritage.

From an economic perspective, Texas is one of the top agriculture producers in the United States with an annual economic impact of about $100 billion. Our agriculture industry also employs one of every seven working Texans and leads the nation in the production of cotton, cattle and many other items we use in our daily lives. Texas is a powerhouse of productivity, and much of that credit goes to our hardworking and efficient farmers and ranchers.

As it stands today, Texas law supports landowners when it comes to their ownership of groundwater. Decisions made about who will have access to water affect every Texan's access to an abundant, affordable food supply. We don't like being dependent on foreign oil; we cannot become dependent on foreign food.

The best way to prevent that is to protect the rights of those who feed and clothe us — our farmers and ranchers.